"Nationwide protests in response to the publication of video footage of a Minneapolis police officer pressing his knee into the neck of George Floyd leading to his death have generated renewed interest in the issue of reforming the policing practices of state and local officials. As discussed in more detail in this companion sidebar several existing federal laws seek to prevent and redress constitutional violations by state and local law enforcement officials. However because the Constitution generally grants states the authority to regulate issues of local concern—which includes policing and criminal law—Congress is limited in its ability to legislate on matters related to state and local law enforcement—limits that may inform any new laws Congress seeks to enact on this evolving issue. This Sidebar begins with an overview of Congress’s authority to enact legislation and the limits on those powers. It then discusses in more detail two of the enumerated powers—congressional powers that are found within the Constitution—that may be most relevant when Congress legislates on matters relating to state and local law enforcement."

"In May and June 2020 protests erupted nationwide after the publication of video footage of a Minneapolis police officer pressing his knee into the neck of George Floyd leading to his death. That incident and its aftermath have sparked heightened interest in Congress' ability to implement reforms of state and local law enforcement."

"Recent events have brought to the fore longstanding concerns about the nature of policing in the United States and how it undermines racial equity. As an institution policing needs significant reconsideration. It is time to rethink the structure and governance of policing. It is also time to engage in a deeper conversation about the meaning of public safety. In the meantime however the following is a list of urgently-needed reforms compiled by a small group of law school faculty each of whom runs or is associated with an academic center devoted to policing and the criminal justice system. The reforms are not intended as an entire agenda for what ought to happen around policing or what American policing should look like. Rather they offer immediate concrete steps federal state and local governments can take to address enduring problems in policing. The authors are scholars who are also deeply involved in the daily practice of policing and included among them are the Reporters for the American Law Institute's Principles of the Law: Policing which works with advisers from across the ideological spectrum in drafting high-level principles to govern policing though the recommendations here go beyond the scope of the ALI project."